Wiggington v Cowie & Ors (t/a Baxter International (A Partnership)) [2009] UKEAT 0322_09_2310 (23 October 2009)

Wiggington v Cowie & Ors (t/a Baxter International (A Partnership)) [2009] UKEAT 0322_09_2310 (23 October 2009)

The preliminary hearing finds that the issue of real or apparent bias is reasonably arguable due to conflicting accounts between the Appellant and the Employment Judge. The Tribunal's focus on the date of dismissal is not an error given the factual findings, but the reasoning regarding substantiality and duration of impairment is insufficiently clear. Permission is granted for the Appellant to amend the Notice of Appeal to raise these issues at the full hearing.

Citation
[2009] UKEAT 0322_09_2310
Parties
Appellant: Potential Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 October 2009
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Permission granted for amendment of Notice of Appeal and for issues to proceed to full hearing
Legal Topics
Definition of Disability, Tribunal Procedure, Bias, Medical Evidence, Long Term Impairment
Employment Law Disability Discrimination Definition of Disability Tribunal Procedure Bias Medical Evidence Long Term Impairment

Case Brief

Summary, issues, holding and outcome

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Parties

Potential Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal conducted the hearing fairly and without bias
  2. 2 Whether the Tribunal correctly applied the definition of disability under the Disability Discrimination Act 1995
  3. 3 Whether the impairment was substantial and long-term

Ratio Decidendi

The preliminary hearing finds that the issue of real or apparent bias is reasonably arguable due to conflicting accounts between the Appellant and the Employment Judge. The Tribunal's focus on the date of dismissal is not an error given the factual findings, but the reasoning regarding substantiality and duration of impairment is insufficiently clear. Permission is granted for the Appellant to amend the Notice of Appeal to raise these issues at the full hearing.

Court Disposition

Permission granted for amendment of Notice of Appeal and for issues to proceed to full hearing

Orders

  • Appellant may amend Notice of Appeal to raise issues regarding substantiality and Tribunal's direction on relevant factors
  • Issues of real or apparent bias and proper application of disability definition to proceed to full hearing